Aryan Dhar
An advocate general is a legal counsel to the various Indian state’s/ their governments. The position was established by the Indian Constitution and relates to the central-level position of Attorney General of India. Each state’s governor must select a person competent to serve as a justice in the high court. The Advocate General does not have a defined term of office or an upper age cap that has to be looked upon, before a person assumes his/her post in the office.
Art 165 of the Indian constitution lays down the powers, duties and the role of an Advocate General, towards the state and its people. This Article talks about the qualification that a person requires to be an advocate general of a state (Must be qualified enough to be selected as a High court judge).
This section further talks about the Advocate General’s responsibilities, which include providing legal counsel to the State and performing such legal responsibilities that may be delegated or given to him by the Governor as and when the situation arises, as well as performing the roles imposed on him/her by or under this Constitution or any other legislation currently in effect.
This can be further explained from the case of Joginder Singh Wasu v/s State of Punjab– It was stated in this Apex court judgement that The Advocate General and the other legal officers are primarily hired by the State to handle legal proceedings in the High Court, and the arrangement between the State and the Legal agents/officers is similar to that of a lawyer and solicitor.
Finally, the third sub section talks about the remuneration and the salary of the Advocate general. Since the Advocate General is selected by the Governor, his/her salary is to be determined as the Governor may decide the Conduct of Government Business.
Duties/Power of an Advocate General
1. The Advocate General’s function is to provide legal counsel to the State’s government and to carry out any other legal responsibilities that the Governor can delegate to him as and when the situation arises.
2. The Advocate General shall carry out the responsibilities entrusted to him by or under the Constitution or some other legislation in effect at the time being in force. This can be seen by the case of State of U.P. & Others v/s U.P. State Law Officers Associations & others, where it was stated that the Advocate General and his office represent and safeguard the welfare of the State Government, providing crucial legal advice in the development of legislation and the implementation of particular decisions.
3. As per Article 177 of the Indian Constitution an Advocate General has the ability to speak in and hence even participate in the sessions of the State’s Legislative Assembly, in both Houses in the case of a State with a Legislative Council, and to speak in and otherwise participate in the sessions of the Committee to the Legislature, of which he or she can be elected a delegate but is not eligible to vote.